Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No. 1)

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 186

 

Minute No.16 of 2006 - Minister for Transport and Regional Services

 

Subject:         Maritime Transport and Offshore Facilities Security Act 2003

 

Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No. 1)

 

Subsection 209(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Act establishes a regulatory framework to safeguard against unlawful interference with maritime transport and offshore facilities.  To achieve this purpose, the Act establishes minimum security requirements for the Australian maritime industry by imposing obligations on persons engaged in maritime activities. 

 

The purpose of the proposed Regulations is to amend the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) to correct minor inconsistencies relating to the form of the Maritime Security Identification Card (MSIC).

 

The proposed Regulations would remove paragraph 6.08J(3)(g) which currently requires the word "Customs" to appear on the MSIC where the Australian Customs Service is the issuing body for the card.  This requirement is inconsistent with the remainder of regulation 6.08J and has been agreed to by the Australian Customs Service.

 

The proposed Regulations would also amend the provisions which currently specify the typeface and type size to be used in the production of the MSIC. The type face and type size currently specified in the Principal Regulations do not allow names longer than 10 characters to be printed on the card.  The amendments would allow the type size to be reduced in the case where names longer than 10 characters are required.

 

Details of the Regulations are set out in the Attachment.

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.

The proposed Regulations would be a legislative instrument for the purpose of the Legislative Instruments Act 2003.

The proposed Regulations would commence on the day after they are registered on the Federal Register of Legislative Instruments. 

The Minute recommends that Regulations be made in the form proposed.

 

 

Authority:             Subsection 209(1) of the Maritime Transport and Offshore Facilities Security Act 2003

 

ATTACHMENT  

Details of the proposed Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No. 1)

  1     Name of Regulations

This regulation provides that these Regulations are to be cited as the Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No. 1)  

 

2     Commencement

  This regulation provides that the Regulations commence on the day after they are registered.

 

3     Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003   This Regulation provides that Schedule 1 amends the Maritime Transport and Offshore Facilities Security Regulations 2003.   Schedule 1 - Amendments

 

 

Item [1] -- Subregulation 6.08J(2)

 

Subregulation 6.08J(2) specifies the typeface and type size to be used in the production of the MSIC card.  This item is being amended as the type face and type size specified in the regulations does not allow names longer than 10 characters to be printed on the card.  The amendment allows the type size to be reduced in the case where names longer than 10 characters are required.

 

Item [2] -- Paragraph 6.08J(3)(e)

 

The proposed amendment to paragraph 6.08J(3)(e) provides that the first name and surname printed on the card must be those that the holder normally uses subject to subregulation 6.08J(3B) (described below) which allows the Secretary of the Department of Transport and Regional services to approve the issue of an MSIC with the holder's name set out in another way.

 

Item [3] - Paragraph 6.08J(3)(g)

 

Paragraph 6.08J(3)(g) provides that where an MSIC is issued by the Australian Customs Service the word 'Customs' is to be printed on the MSIC.  This item removes that requirement.  This amendment is necessary as the current paragraph inconsistent with the remainder of regulation 6.08J.

 

Item [4] -- Subregulations 6.08J(3A) and (3B)

The proposed new subregulation 6.08J(3A) specifies that each name that consists of 10 characters or less must appear in 20 point Arial bold. Each name that consists of more than 10 characters must appear in Arial bold that is no less than 12 point that results in the longest word in the name being reproduced as close to 32 mm wide as practicable.

 

The proposed new subregulation 6.08J(3B) provides that where the setting out of the holder's name on an MSIC in accordance with proposed subregulation (3A) would result in the name not being easily readable, the Secretary of the Department of Transport and Regional Services may approve the issue of an MSIC with the holder's name set out in another way.

 

Consultation has been undertaken with the maritime industry through regular consultative and industry forums with a full range of maritime industry participants, including  Maritime Security Identification Card Issuing Bodies, Port Authorities, Offshore Oil and Gas Industry Associations, Maritime and transport employee Associations and other relevant transport associations. Consultation has indicated that the proposed amendments would be welcomed by industry.